HomeMy WebLinkAbout14-4794 Supreme Court of Pennsylvania
Court of Comm6fiPleas For prothonotary Use Only:
Civil &ver.Sheet
Docket No:
CUMBERLAND County / q_
The information collected on this form is used solely.10' r court odininistrotion purposes. This form does not
supplement orreplace the filingand service ql"ple(idings or other papers as required lay law or rules of'courl.
Commencement of Action:
2 Complaint El Writ of Summons Petition
S Transfer from Another Jurisdiction E] Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name:
T CAPOZZI ADLER, P.C. Whites Crossing Medical Center and David Salko
Dollar Amount Requested: Elwithin arbitration limits
Are money damages requested? El Yes El No (check one) Eloutside arbitration limits
0
N Is this a Class Action Suit? n Yes [D No Is this an MDJAppeal? C] Yes El No
A Name of Plaintiff/Appellant's Attorney: Marc A. Crum, Esq.
E3 Check here if you have no attorney(are a Self-Represented (Pro Sel Litigant)
Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
❑ Intentional ❑ Buyer Plaintiff Administrative Agencies
Malicious Prosecution ❑ Debt Collection:Credit Card F1 Board of Assessment
_] Board of Elections
Motor Vehicle F
Debt Collection: Other
F1 Nuisance legal fees for services n Dept.of Transportation
F1 Premises Liability El Statutory Appeal:Other
S F1 Product Liability (does not include E] Employment Dispute:
E mass fort)
El Slander/Libel/Defamation DiscriminationE] Employment Dispute: Other E] Zoning Board
C ❑ Other: Other:
T
I n Other:
o MASS TORT
n Asbestos
N n Tobacco
f"I Toxic Tort-DES
n Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
[:] Toxic Waste ❑ Ejectment M Common Law/Statutory Arbitration
B rl Other: ❑ Eminent Domain/Condemnation E] Declaratory Judgment
Ground Rent Mandamus
Landlord/Tenant Dispute Q Non-Domestic Relations
E] Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABLITY [:1 Mortgage Foreclosure:Commercial Quo Warranto
n Dental F1 Partition Replevin
Legal E] Quiet Title 0 Other:
Medical n Other:
Other Professional:
Updated 11112011
CAPOZZI ADLER, P.C. f/k/a IN THE COURT OF COMMON PLEAS OF
CAPOZZI & ASSOCIATES, P.C., CUMBERLAND COUNTY, PENNSYLVANIA
A Pennsylvania Professional Corporation,
Plaintiff --t
-a 03
V. l tp q nr-1 G t;r'fl
Docket No.:
WHITES CROSSING MEDICAL
GROUP, INC. f/k/a WHITES CROSSING CiVJn = ��
MEDICAL CENTER, INC. d/b/a
WHITES CROSSING MEDICAL
CENTER, and DAVID SALKO,
Defendants Civil Action - Law
NOTICE TO DEFEND
You have been sued in court. If you wish to YOU SHOULD TAKE THIS PAPER TO
defend against the claims set forth in the following YOUR LAWYER AT ONCE.IF YOU DO NOT
pages, you must take action within twenty (20) HAVE A LAWYER OR CANNOT AFFORD
days after the complaint and notice are served, by ONE,GO TO OR TELEPHONE THE OFFICE
entering a written appearance personally or by SET FORTH BELOW TO FIND OUT WHERE
attorney and filing in writing with the court your YOU CAN GET LEGAL HELP.
defenses or objections to the claims set forth
against you. You are warned that if you fail to do CUMBERLAND COUNTY BAR
so the case may proceed without you and a ASSOCIATION
judgment may be entered against you by the court 32 SOUTH BEDFORD
without further notice for any money claimed in STREET CARLISLE,PA 17013
the complaint or for any other claim or relief 1-800-990-9108
requested by Plaintiff. You may lose money or 717-249-3166
property or other rights important to you.
AVISO
Le han demandado a usted en la cone.. Si usted LLEVE ESTA DEMANDA A UN ABOGADO
quiere defenderse de estas de estas demandas INMEDIATAMENTE, SI NO TIENE
expuestas an las paginas signientes, usted tiene ABOGADO O SI NO TIENE EL DINERO
veinte (20) dias de plazo al partir de is fecha de la SUFICIENTE DE PAGAR TAL SERVICIO.
demanda y is notificacion. Hace falta asentar una VAYA EN PERSONA O LLAME POR
comparencia escrita o en persona o con un abogado TELEFONO A LA OFICINA CUYA
y entregar a la corte en forma escrita sus defensas o
sus objeciones a. las demandas en contra de su DIRECCION SE ENCUENTRA ESCRITA
persona. Sea avisado que si usted no se defiende, ABAJO PARA AVERIGUAR DONDE SE
le corte tomara medidas y puede continuar la PUEDE CONSEGUIR ASISTENCIA
demanda en contra suya sin previo aviso o LEGAL.
notificacion. Ademas, la corte puede decidir a CUMBERLAND COUNTY BAR
favor del demandante y requiere que usted cumpla
con todas las provisiones de esta demanda. Usted ASSOCIATION
puede perder dinero o sus propiedades u ostros 32 SOUTH BEDFORD
derechos importantes para usted. STREET CARLISLE, PA 17013
1-800-990-9108; 717-249-3166
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CAPOZZI ADLER, P.C. f/k/a IN THE COURT OF COMMON PLEAS OF
CAPOZZI & ASSOCIATES, P.C., CUMBERLAND COUNTY, PENNSYLVANIA
A Pennsylvania Professional Corporation,
Plaintiff
V.
Docket No.:
WHITES CROSSING MEDICAL
GROUP, INC. f/k/a WHITES CROSSING
MEDICAL CENTER, INC. d/b/a
WHITES CROSSING MEDICAL
CENTER, and DAVID SALKO,
Defendants Civil Action - Law
COMPLAINT
NOW COMES, Plaintiff, Capozzi Adler, P.C. f/k/a Capozzi & Associates, P.C., by its
attorneys,to seek a money judgment and legal relief necessary to obtain payment for legal services
rendered, invoiced, and presented, but which remain unpaid. In support of the relief requested
herein, Capozzi Adler, P.C. states:
1. Plaintiff, Capozzi Adler, P.C. ("Plaintiff' or "Capozzi"), is a Pennsylvania
professional corporation engaged in the practice of law, with its business address at 1200 Camp
Hill Bypass, Suite 205, Camp Hill, Cumberland County, Pennsylvania 1701 W 1.
2. Defendant Whites Crossing Medical Group, Inc. f/k/a Whites Crossing Medical
Center, Inc. d/b/a Whites Crossing Medical Center("Defendant" or"Whites Crossing") is a
Pennsylvania corporation having its principal place of business located at 37 Honesdale Road,
Carbondale, Lackawanna County, Pennsylvania 18407.
3. Defendant David Salko ("Defendant Salko") is an adult individual with a last
known address at 37 Honesdale Road, Carbondale, Lackawanna County, Pennsylvania 18407.
4. Capozzi is engaged in business as a law firm composed of attorneys admitted to the
bar of the Supreme Court of the Commonwealth of Pennsylvania.
2
The Legal Representation Agreements
5. In February 2012, Capozzi and Whites Crossing entered into a professional
relationship for legal services through its agent, Gregory Salko. A true and correct copy of the
Letter of Representation ("Fee Agreement") dated February 21, 2012 is attached hereto and
incorporated herein as Exhibit"A."
6. The terms of Capozzi's performance of legal services for Whites Crossing were
disclosed at the outset of the engagement.
7. The terms of the Fee Agreement provide that "this letter will describe the scope of
services to be provided, the basis for determining the fees for those services and our general terms
and conditions for billing."
8. The Fee Agreement also provides "Should the scope of services to be provided be
changed or enlarged beyond those described in this letter, we reserve the right to amend or
supplement this letter and the fees charged for the change or increase in the scope of services."
9. The Fee Agreement further provides that"our firm sends periodic invoices, usually
monthly, detailing services rendered during the last billing period . . .."
10. The Fee Agreement also provides that "invoices are due upon receipt-and must be
paid within thirty (30) days unless other acceptable arrangements are made in advance. We
reserve the right to charge interest at 1'/2% per month for any invoices not paid within sixty (60)
days of the date of the invoice."
11. The Fee Agreement also provides for attorney's fees and costs of collection as
follows: "should it be necessary for us to take legal action to collect any overdue invoices,you will
also be responsible for any and all costs of collection, including, without limitation, reasonable
attorneys fees and expenses."
12. The Fee Agreement also provides "this engagement will be a one-time flat fee of
3
$10,000.00. Costs for this engagement will be billed to you on a monthly basis."
13. Defendant failed to pay the required retainer pursuant to the Fee Agreement.
14. At no time did Whites Crossing advise Capozzi to terminate the representation or
complain about the receipt of monthly Invoices from Capozzi.
15. Capozzi,at the special insistence and requests of Defendant on numerous occasions
during the period of February 2012 through the present,provided legal services to Whites Crossing
and on or about the dates set forth in Capozzi's business records (the "Account Invoices" or
"Client Ledgers"). True and correct copies of the Account Invoices and Client Ledgers are
attached as Exhibit "B" and incorporated herein by reference.
16. The specific legal services performed by Capozzi are more fully described in the
Account Invoices and Client Ledgers.
COUNT I—BREACH OF CONTRACT
Whites Crossing Medical Center
17. Plaintiff repeats and alleges the prior allegations of this Complaint as if fully set
forth at length.
18. Pursuant to the terms of the Fee Agreement,Whites Crossing had a duty to remit
payment.
19. The rates and prices charged as set forth in the Account Invoices are the fair and
reasonable charges for the services rendered, are the customary charges of Capozzi in similar
cases, and are the charges that Defendant agreed to pay for the various legal services itemized
below.
The Legal Services Performed Under the Legal Representation Agreement.
20. The total amount of unpaid fees for the matters and during the periods referenced
above is $10,000.00, plus interest and costs of collection.
4
21. Capozzi performed all requested legal services and achieved positive results for
Whites Crossing as expected under the terms of the Fee Agreement.
22. All of the legal services included in the Account Invoices were billed at the rates
agreed to as described in the Fee Agreement.
23. Capozzi presented its Account Invoices on a monthly basis to Whites Crossing
pursuant to the terms of the Fee Agreement.
24. On numerous occasions, Capozzi contacted Whites Crossing for payment for the
unpaid Account Invoices. True and correct copies of the attorney's demand letters are attached
hereto and incorporated herein as Exhibit "C."
25. Whites Crossing did not dispute any of the monthly Invoices or terminate the
attorney-client relationships between Capozzi and Whites Crossing until Capozzi became more
assertive in its attempts to collect the debts owed.
26. To date, Whites Crossing has failed and refused to pay the total amount due as
provided under the Fee Agreement.
27. Whites Crossing's failure to cure the default with Capozzi upon demand constitutes
a breach of contract.
WHEREFORE, Plaintiff, Capozzi Adler, P.C., demands judgment against Whites
Crossing in the sum of$10,000.00, plus interest at the rate of 1'/2% per month on all delinquent
amounts,plus costs of collection, all of which are per the terms of the contract between the parties,
which sum is within the jurisdictional amount for compulsory arbitration.
COUNT II —BREACH OF IMPLIED CONTRACT
David Salko
If this Honorable Court should find that an express contract did not exist between Capozzi
Adler, P.C. and Defendant, which is denied, then, in that event, Capozzi Adler pleads the
5
following alternative count in Breach of Implied Contract against the Defendant, David Salko:
28. Plaintiff repeats and alleges the prior allegations of this Complaint as if fully set
forth at length.
29. On January 11, 2013, Defendant Salko sent an email communication to Plaintiff's
attorney regarding compliance issues of Defendant Whites Crossing.
30. On or about January 14, 2013, Defendant Salko's father sent an email
communication to Plaintiff's attorney attaching a copy of a $2,500.00 retainer check to be sent on
behalf of Defendant Salko. A true and correct copy of the $2,500 retainer check is attached hereto
and incorporated herein as Exhibit"D."
31. Defendant Salko did not send the check as promised.
32. Capozzi relied upon Defendant's promise to pay the retainer.
33. Defendant's specific requests to the attorneys at Capozzi Adler, P.C. for legal
assistance, Capozzi's acceptance, and Defendant's promise to pay by attaching a copy of a partial
retainer check referenced in Exhibit D constitute the existence of an implied contract for legal
services between Capozzi and Defendant Salko.
34. Capozzi's expectation of payment for legal services is reasonable and Defendant
Salko knew that he would be expected to pay for the legal services rendered.
35. Capozzi demanded payment from Defendant Salko and he refused to render
payment and continues to do so.
36. Capozzi, as a result of the implied contract, is entitled to compensation for legal
services rendered and costs incurred on behalf of Defendant Salko.
37. Capozzi has been damaged by the refusal of Defendant Salko to pay for legal
services rendered in breach of the implied contract in the amount of$10,000.00,plus interest at the
rate of 1'/2 % per month, plus costs.
6
WHERFORE, Plaintiff Capozzi Adler, P.C. demands judgment against Defendant Salko
in the sum of$10,000.00, plus interest at the rate of 1'/2 %per month on all delinquent amounts,
Pius court costs, which sum does not exceed the jurisdictional limit for compulsory arbitration.
COUNT III— QUANTUM MERUIT (UNJUST ENRICHMENT)
Whites Crossinlz Medical Group, Inc d/b/a Whites Crossing Medical Center
and David Salko
If this Honorable Court should find that a contract did not exist between Capozzi and
Defendants, which is denied, then, in that event, Capozzi pleads the following alternative count in
quantum meruit against Defendants:
38. Plaintiff repeats and alleges the prior allegations of this Complaint as if fully set
forth at length.
39. Having requested Capozzi to provide the legal services and Capozzi having done so
to the benefit of Defendants, Defendants became liable to Capozzi for the fair and reasonable
charges for the legal services provided.
40. Defendants have been unjustly enriched by accepting the legal services of Capozzi
without terminating the attorney-client relationship.
.41. Defendants accepted the benefits of the services provided by Capozzi and did not
terminate the attorney/client relationship until Capozzi demanded payment.
42. Capozzi has demanded that Defendants pay for the services provided, but
Defendants have failed to do so.
43. To date, Defendants have not paid the total amount due.
WHEREFORE, Plaintiff, Capozzi Adler, P.C., demands judgment against Defendants in
the amount of$8,077.72,plus interest at the legal rate of 6%per annum on all delinquent amounts,
which sum is within the jurisdictional amount for compulsory arbitration.
7
COUNT IV - PIERCING THE CORPORATE VEIL
David Salko
44. Plaintiff repeats and alleges the prior allegations of this Complaint as if fully set
forth at length.
45. As of 2002, David Salko owned 100% of the stock of Whites Crossing.
46. Upon information and belief, Defendant Salko treats the assets of Whites Crossing
as his own, including the financial benefits from Capozzi's efforts.
47. Upon information and belief, Defendant Salko has used corporate funds to pay his
private debts.
48. Upon information and belief, Defendant Salko has failed to keep separate corporate
books.
49. Upon information and belief, Defendant Salko has failed to observe corporate
formalities.
50. Upon information and belief, Defendant Salko has failed to provide adequate
capitalization for the corporation to pay potential liabilities, including but not limited to paying of
legal fees incurred with Capozzi.
51. Upon information and belief, Whites Crossing does not currently have enough
unencumbered capital to pay its potential liabilities.
52. Upon information and belief, Whites Crossing is currently organized solely for the
purpose of avoiding Defendant Salko's personal liabilities.
53. It is necessary to pierce the corporate veil of Whites Crossing in order to prevent
Defendant Salko from using the corporate form of Whites Crossing to avoid his personal
obligations.
54. The piercing of the corporate veil of Whites Crossing is necessary to prevent fraud
8
upon Capozzi.
55. Recognizing the corporate form of Whites Crossing would shield David Salko from
liability for his fraudulent representations and conduct with Capozzi.
56. Under the circumstances, it would be inequitable for David Salko to shield his
fraudulent actions with the corporate veil.
57. Capozzi relied on Defendant David Salko's representations.
58. Capozzi suffered financial harm in the amount of$10,000.00 as a direct result of
Defendant Salko's conduct.
WHEREFORE, Plaintiff requests this Court to pierce the corporate veil of Whites
Crossing and hold Defendant Salko,personally liable for the judgment entered in this civil action.
Respectfully submitted,
CAPOZZI ADLER, P.C.
Date: By: �
- 44 Marc A. rum, Esquire
Attorne I.D. No. 91273
Capo i Adler, P.C.
P.O. ox 5866
Harrisburg, PA 17110
(717) 233-4101
Attorney for Plaintiff
9
CAPOZZI ADLER, P.C. f/k/a IN THE COURT OF COMMON PLEAS OF
CAPOZZI &ASSOCIATES, P.C., CUMBERLAND COUNTY, PENNSYLVANIA
A Pennsylvania Professional Corporation, :
Plaintiff :
V.
Docket No.:
WHITES CROSSING MEDICAL :
GROUP, INC. f/k/a WHITES CROSSING
MEDICAL CENTER, INC. d/b/a
WHITES CROSSING MEDICAL :
CENTER, and DAVID SALKO, :
Defendants Civil Action - Law
VERIFICATION
1, Andrew R. Eisemann, Esquire, do hereby verify that the facts made in the foregoing
Complaint are true and correct to the best of my knowledge, information and belief. I understand
that any false statements therein are subject to the penalties contained in Title 18 of the
Pennsylvania Consolidated Statutes Section 4904, r4I.D.
ion to authorities.
Date: "711 I/W
squire
P.O. Box 5866
Harrisburg, PA 17110
(717) 233-4101
Attorney for Plaintiff
Louis J.Capozzi,Jr.,Esquire• Associates,
1200 Camp[ii1113ypass
Daniel K.Natirbotl,Esquire Ca O 1 OP.C. Camp Hill,PA 17011
Donald R.Reavey,Esquire
Craig 1.Adler,Esquire•' ttOrn t Law
Andrew R.Fisemann,Esouire Mailing Address:P.O.Box 5866
, B 17110
Bruce G.Baron,Esquire Harrisburg
Dawn L.Richards,Esquire Telephone:(717)2333101
Philip C.Warholic,Esquire Facsimile:(717)233-4103
Matthew A.Thomsen,Esquire•• www.onpzziassociatq.com
porziassociat
Brandon S.Williams,Esquire
Paul R.Van Fleet,Esquire
Timothy Ziegler,Sr.Reimb,Analyst Mid-Penn Abstract Company
Erin E.Motter,Jr.Reimb Analyst Charter Settlement Company
Karen L.Fisher,Paralegal Telephone:(717)234-3289
Keyoung J.Gill,Paralegal Facsimile:(717)234-1670
Gwenn M.Keene.Paralegal
*(Licensed in PA,NJ and MD)
••(Licensed in PA and NJ) February 21,2012
Dr.Gregory Salko
7 /?d,.
Carbondale,PA 18404
Re: Letter of Representation
Our Matter Number: 706-03
Dear Dr. Salko:
Our rules of professional ethics require us to set forth our fee arrangement in writing at the
commencement of a professional relationship. This letter will describe the scope of services to be provided,
the basis for determining the fees for those services and our general terms and conditions for billing.
Scope of Representation
The legal services to be provided by Capozzi&Associates,P.C.to you are in connection with an
opinion letter regarding your chances of success if you appeal your five(5)year Medicare preclusion to the
U.S. District Court of Appeals for the Middle District of Pennsylvania.
In addition to the representation described above,you may from time to time ask us to perform
additional legal work or undertake your representation in other matters. This letter constitutes your
authorization for our Firm to perform the additional legal work or represent you in other matters.
We customarily assign the responsibility of coordinating all aspects of our representation of a
particular client to one attomey designated the`client coordinator". All work requests are channeled through
that professional,who is then responsible for coordinating all work assignments. Of course,we encourage
direct communication with the individual attorney(s)working on a particular project. The client coordinator
also is responsible for billing and responding to all questions relating to client fees and our representation.
Louis J.Capozzi,Jr.,Esquire will be performing the role of client coordinator for you.
Basis for Determining Fees
Our fee for this engagement will be a one-time flat fee of$10,000.Payment of our fee must be
received in our office before we can commence any work on this matter. Costs for this engagement will be 1
billed to you on a monthly basis.
EXHIBIT
Each attorney and professional staff member in our office prepares accurate and daily time records
for each file on which they work. Hourly rates are determined periodically by our office,generally each
year,and will vary according to the attorney who provides the services and the type of services requested. A
schedule of current hourly rates in effect for our attorneys and professional staff members are enclosed with
this letter. There is a minimum charge of three-tenths of an hour for phone communications,five-tenths of
an hour for review of pleadings,correspondence,or other legal documents,and two hours for the preparation
of pleadings and discovery requests and responses. Travel time is from portal to portal.
Should the scope of services to be provided be changed or enlarged beyond those described in this
letter,we reserve the right to amend or supplement this letter and the fees charged for the change or increase
in the scope of services.
We bring a team approach to our work product which is designed to provide economically efficient
and effective representation by matching the hourly rates and experience of our attorneys to the professional
requirements of a particular matter. Where appropriate,we attempt to utilize paralegals for more routine and
repetitive matters with the goal of reducing the overall cost without sacrificing any quality in the product.
Billing Terms and Conditions
Periodic Invoices. Our firm sends periodic invoices,usually monthly,detailing services rendered
during the last billing period plus costs and fees which were advanced on your behalf,such as filing fees,
outside reproduction,express mail fees,computerized research costs,any expert or consultant fees incurred
on your behalf and travel expenses. There is no charge for in-house photocopying,telephone,telecopier
(fax),and postage.
Invoices are due upon receipt and must be paid within thirty(30)days unless other acceptable
arrangements are made in advance. We reserve the right to charge interest at 1 %%per month for any
invoices not paid within sixty(60)days of the date of the invoice. In addition,should it be necessary for us
to take legal action to collect any overdue invoices,you will also be responsible for any and all costs of
collection including,without limitation,reasonable attorneys fees and expenses. Such reasonable attorney's
fees shall include time spent by attorneys employed by this Firm at their usual hourly rates. In addition,the
Parties agree that venue, in the event legal action is necessary, is proper in Dauphin County.
In connection with collection of a judgment,settlement or other disposition of a case on your behalf,
the Firm is authorized to receive and endorse for deposit to our escrow account any checks,drafts,money
orders or other forms of payment whether or not made payable to the Firm,and to disburse the proceeds,
including attorney's fees and costs, in accordance with the terms of this letter. It is specifically agreed that
the proceeds may be applied to any past due account even if the past due account has no relationship to the
matter for which the proceeds were collected.
Credit Hold. Should any invoice for fees and costs remain unpaid for a period in excess of sixty(60)
days,consistent with our responsibilities under the Rules of Professional Conduct,we reserve the right to
temporarily cease work on this engagement until such overdue fees and costs are paid in full or, if our
invoices remain unpaid despite efforts at collecting the same,we reserve the right to terminate the
representation.
Disputed Billing: It is imperative, under the terms of this agreement,that you notify us in writing of
any disputed billing within 15 days of your receipt of a bill. If we do not receive written notice within 15
days,the Parties agree that the amount of the bill can no longer be disputed and that said amount is due and
owing.
UCC Lien.For value received for undisputed legal services,as described above,and after default of
this Fee Agreement in excess of 60 days, intending to be legally bound hereby,you hereby grant and assign
and you agree that Capozzi&Associates,P.C.shall have,and there is hereby created in favor of Capozzi&
Associates,P.C.,a security interest in your tangible and intangible personal property, now or hereafter in
existence, including the proceeds thereof and the increases,substitutions, replacements,additions,and
accessions thereto, hereinafter referred to collectively as the"Collateral,"to secure that certain obligation of
you owed to Capozzi&Associates,P.C.after the declaration of Default of this Fee Agreement.In addition
to all rights and remedies given to Capozzi&Associates,P.C.by this Security Agreement,Capozzi &
Associates,P.C. shall have all the rights and remedies of a secured party under the Pennsylvania Uniform
Commercial Code. I authorize Capozzi &Associates,P.C. to file a financing statement covering the
Collateral.
Reproduction of Complete File. In the event that you request a complete copy of your file or your
file in its entirety, it is understood that you will pay a copy charge of.10 cents per copy and all time spent by
our staff and attorneys,at their usual hourly rates,for gathering the file and insuring the requested copy is
complete.The above paragraph is applicable even if you request your original file because we must keep a
copy for our records.
CONFESSION OF JUDGMENT.THE UNDERSIGNED HEREBY EMPOWERS ANY
ATTORNEY OF ANY COURT OF RECORD WITHIN THE UNITED STATES OF AMERICA OR
ELSEWHERE TO APPEAR FOR THE UNDERSIGNED AND, WITH OR WITHOUT COMPLAINT
FILED,CONFESS JUDGMENT AGAINST THE UNDERSIGNED IN FAVOR OF ANY HOLDER
HEREOF,UPON THE OCCURRENCE OF AN EVENT OF DEFAULT, AS HEREINABOVE DEFINED,
FOR THE UNPAID BALANCE OF UNDISPUTED LEGAL FEES,AS DESCRIBED ABOVE,
TOGETHER WITH UNPAID INTEREST THEREON,COSTS OF SUIT AND ATTORNEY'S FEES,AS
DESCRIBED ABOVE,ON WHICH JUDGMENT ONE OR MORE EXECUTIONS MAY ISSUE
FORTHWITH.THE UNDERSIGNED HEREBY FOREVER WAIVES AND RELEASES ALL ERRORS
IN SAID PROCEEDINGS, WAIVES STAY OF EXECUTION, AND WAIVES ALL EXEMPTIONS
FROM LEVY AND SALE OF ANY PROPERTY THAT NOW ARE OR HEREAFTER MAY BE
APPLICABLE.NO SINGLE EXERCISE OF THE FOREGOING POWER TO CONFESS JUDGMENT
SHALL BE DEEMED TO EXHAUST THE POWER,WHETHER OR NOT ANY SUCH EXERCISE
SHALL BE HELD BY ANY COURT TO BE VALID, VOIDABLE OR VOID, BUT THE POWER SHALL
CONTINUE UNDIMINISHED AND IT MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS
THE HOLDER HEREOF SHALL ELECT UNTIL SUCH TIME AS THE HOLDER SHALL HAVE
RECEIVED PAYMENT IN FULL OF THE DEBT, INTEREST,ATTORNEY'S FEES AND COSTS.
INTEREST ON THE OBLIGATION EVIDENCED HEREBY SHALL CONTINUE TO ACCRUE AT THE
ABOVE-STATED RATE AFTER THE ENTRY OF JUDGMENT HEREON.THE UNDERSIGNED
HEREBY WAIVES ITS RIGHTS TO NOTICE AND A HEARING CONCERNING THE VALIDITY OF
THE HOLDER'S CLAIMS HEREUNDER AND AGREES AND CONSENTS TO JUDGMENT BEING
ENTERED BY CONFESSION IN ACCORDANCE WITH THE TERMS HEREOF AND EXECUTION
BEING LEVIED ON SUCH JUDGMENT AGAINST ANY AND ALL PROPERTY OF THE
UNDERSIGNED, IN EACH CASE WITHOUT FIRST BEING GIVEN NOTICE AND THE
OPPORTUNITY TO BE HEARD ON THE VALIDITY OF THE CLAIM OR CLAIMS UPON WHICH
SUCH JUDGMENT IS ENTERED.
Attorney's Lien.As provided by Pennsylvania law,we will retain an attorney's lien for payment on
all files and other documents and materials collected or generated by this firm in the course of this
representation,and reserve the right to retain those files and other materials until paid in full.
If,at any time during the course of our professional relationship,you have any questions regarding
our services or our fees, please raise them with me. We strongly encourage open and frank discussions about
our work product and fees. We find that good communication enhances our professional relationship with
our clients and facilitates our ability to address effectively and economically the legal challenges facing
them.
If these terms are acceptable to you,please sign this letter and return it to us in the enclosed self-
addressed,stamped envelope. The enclosed copy of this letter is for your records.
We thank you for the opportunity to continue to perform legal services for you,and we look forward
to continuing to work with you.
in erely,
L( Loui J.CapozZi,Jr., Esquire
/klf
Enclosure
Accepted d Agreed to:
By: .Gregory Salko
Date:
CAPOZZI&ASSOCIATES,P. C.
Current Hourly Rates for Attorneys and Professional Staff Members
Louis J.Capozzi,Jr.Esquire $275
Daniel K.Natirboff,Esquire $275
Donald R.Reavey,Esquire $275
Craig I.Adler,Esquire $275
Bruce G.Baron,Esquire $250
Andrew R. Eiseman,Esquire $210
Andrew R.Eisemann, Esquire $185 (Collection Matters)
Dawn L.Richards,Esquire $200
Philip C. Warholic $175(Collection Matters)
Matthew A.Thomsen $175
Brandon S. Williams $195
Brandon S. Williams $175(Collection Matters) .
Paul R.Van Fleet $175
Timothy T.Ziegler,Reimbursement Analyst $220
Erin Molter, Analyst $150
Law Clerks $ 90
Paralegals $ 90
Aug/ 5/2014 Capozzi Adler, P.C.
Client Ledger Page: 1
ALL DATES
Date Received From/Paid To
Chq# I----- General -----I Bld I----------- Trust Activity I
-Entry # Explanation Rec# Rcpts Disbs Fees Znv# Acc Rcpts Disbs Balance
3213 Whites Crossing Medical Group ------ -
632-12 CLOSED. Response to Bureau of Program Integri
Sep 22/2012 Lawyer: ARE 0.10 Hrs X 210.00 Resp Lawyer: XXX
689610 Strategy and Status Conference 21.00 67338
with Bruce Baron re
preparation for Pre-Hearing
Conference
Oct 1/2012 Lawyer: BGB 1.00 Hrs X 250.00
697787 Communicate with Robert 250.00 67844
Duplessis re response to DPW
BPI inquiry about continued
involving of Dr. Salko in
White Crossing Medical Group,
with copy to Dr. Greg Salko
Oct 2/2012 Lawyer: BGB 0.30 Hrs X 250.00
697788 Communicate with Robert 75.00 67844
Duplessis re drafting response
to DPW Provider Agreement
letter about White Crossing
Medical Group
Oct 3/2012 Lawyer: BGB 0.75 Hrs X 250.00
697789 Communicate with Robert 187.50 67844
Duplessis re drafting response
to DPW on involving of Dr.
Salko in White Crossing
Medical Group
Oct 4/2012 Lawyer: BGB 0.25 Hrs X 250.00
697790 Communicate with Robert 62.50 67844
Duplessis re documents related
to recent fine determination at
Mallard Meadows and
coordination with repose to
DPW letter on White Crossing
Medical Group; e-mail to Karen
Fisher re calendar control for
response to fine letter
Oct 9/2012 Lawyer: BGB 0.30 Hrs X 250.00
693507 Communicate with Robert 75.00 67825
Duplessis re status of review
of response to DPW on
ownership issues
Oct 10/2012 Lawyer: BGB 0.50 Hrs X 250.00
694342 Communicate with Robert 125.00 67825
Duplessis re status of group
enrollment and related
documents
Oct 11/2012 Lawyer: LJC 1.20 Hrs X 275.00
690616 Review of/draft e-mails re 330.00 67825
regulatory/licensure
issues/status
Oct 11/2012 Lawyer: BGB 0.30 Hrs X 250.00
693753 Communicate with Robert 75.00 67825
Duplessis re status of DPW
payments for services
Oct 19/2012 Lawyer: BGB 0.30 Hrs X 250.00
694024 Communicate with Rob Duplessis 75.00 67825
re status of DPW response
letter on changes of ownership
and follow up for same
Oct 20/2012 Lawyer: ARE 0.10 Hrs X 210.00
695706 Review status and actions of 21.00 67825
matter re response to DPW
Bureau of Program Integrity
and follow up with NHA
Oct 24/2012 Billing on Invoice 67338
691950 FEES 21.00 0.00 67338
Oct 24/2012 Lawyer: BGB 0.60 Hrs X 250.00
694828 Communicate with Robert 150.00 67825
Duplessis re status of BPI
Response and copies of what he
sent to them for file;
telephone call from same re
telephone conversation with
BPI today advising that group
can continue to bill claims
pending director's review of
materials and further advice
from BPI; communicate with
Louis Capozzi Jr. and Craig
Adler re status
Oct 24/2012 Lawyer: LJC 0.50 Hrs X 275.00
694927 Review of/draft e-mails re 137.50 67825
Medical Group Compliance
Oct 25/2012 Lawyer: BGB 0.10 Hrs X 250.00
694838 Communicate with Robert 25.00 57825
Duplessis re change in status EXHIBIT
of BPI review instructions
concerning billing pending
resolution a /�3
Oct 31/2012 Lawyer: BGB 0.30 Hrs X 250.00
694413 Communicate with DPW Counsel re 75.00 67825
Aug/ 5/2014 Capozzi Adler, P.C.
Client Ledger Page: 2
Date Received From/Paid To ALL DATES
Chq# I----- General -----
'-Entry Bld I----- Trust Activity I
# -----� ____ _ _
_-_--_� -_Explanation Rec# Rcpts Disbs _- Fees Inv# Acc R is Disbs Balance
status of review of the form of
Settlement Agreement, with
copies to Dr. and Mrs, Salko;
communicate with Dr. Salko re
need to resolve his patient
access issue soon
Nov 2/2012 Lawyer: BGB 1.50 Hrs X 250.00
704389 Communicate with Robert
Duplessis with copy of NYS 375.00 68347
Consent Agreement for
correction letter for PA
Medical License renewal
application for Dr. Salko;
communicate with Dr. Salko re
same need for additional
attachment from Consent
Agreement for correction
letter; revise draft
correction letter per same;
e-mail to Dr. Salko with
updated draft and copies of
attachments, with copy to
Louis Capozzi Jr. and Karen
Fisher
Nov 5/2012 Lawyer: BGB 1.00 Hrs X 250.00
704391 Communicate with Dr. Salko and 250.00 68347
Robert Duplessis re attachment
for corrections letter to
Medical Board; revise draft
letter per same with copies to
Karen Fisher
Nov 6/2012 Lawyer: BGB 0.30 Hrs X 250.00
704392 Review of proposed response to 75.00 68347
Medical Board on errors in
online license renewal;
communicate with Dr. Salko and
Robert Duplessis re correction
of sentence on first page and
their sending a copy of filed
version with attachments, with
copy to Karen Fisher of
proposed response
:Nov 12/2012 Lawyer: BGB 0.10 Hrs X 250.00
704393 Communicate with Robert 25.00 68347
Duplessis re status of
response to Medical Board on
online license renewal; review
copy of same for file
Nov 13/2012 Lawyer: LJC 0.80 Hrs X 275.00
698326 Review of/draft e-mails re 220.00 68347
Mallard Meadows licensure;
review of Response
Nov 13/2012 Lawyer: BGB 0.10 Hrs X 250.00
698770 Communicate with DPW Counsel re 25.00 68347
status of Settlement Agreement
with copies to Dr. and Mrs.
Salko and Louis Capozzi Jr.
Nov 14/2012 Billing on Invoice 67825
697203 FEES 1088.50 0.00 67825
Nov 14/2012 Billing on Invoice 67844
697814 FEES 575.00 0.00 67844
Nov 16/2012 Lawyer: BGB 0.60 Hrs X 250.00
698848 Communicate with Dr. Salko re 150.00 68397
status of Settlement
Agreement; e-mail to DPW
Counsel re same
Nov 17/2012 Lawyer: ARE 0.10 Hrs X 210.00
701320 Strategy and status conference 21.00 68347
with Bruce Baron re response
to compliance issues
Nov 21/2012 Lawyer: BGB 1.00 Hrs X 250.00
704004 Communicate with Dr. Salko and 250.00 68347
Robert Duplessis re research
and response to deal with CMS
revocation of Group NPI;
research for same
Nov 27/2012 Lawyer: BGB 1.00 Hrs X 250.00
700062 Telephone call to Dr. Salko re 250.00 68347
need to work on separation of
practices at clinic and
getting continuing cooperative
agreement for Amy Frick's work;
communicate with Darla Lewis re
follow up on response to CMS
letter; e-mail from Dr. Salko
with copies of files for same;
telephone call to Amy Frick re
same
Nov 28/2012 Lawyer: BGB 0.30 Hrs X 250.00
700078 Communicate with Louis Capozzi 75.00 68347
Jr. and Craig Adler re
Aug/ 5/2014 Capozzi Adler, P.C. -
Client Ledger Page: 3
ALL DATES
Date Received From/Paid To
Entry # Explanation Chq# I----- General -----
Bld I--- Trust Activity I
Rec# Rcpts Disbs !Fees Inv# Acc Repts Diabs Balance
estimate of amounts at issue
in Medicare compliance
concerns; communicate with
Darla Lewis re payment rates
received from Medicare
Nov 30%2012 west Payment Center -
699869 Research 25668 4.54 68347
Nov 30/2012 Lawyer: BGB 0.10 Hrs X 250.00
701495 Communicate Dr. Salko about 25.00 68347
need for him to have clearly
separate practice order to
preserve white Crossing
Group's eligibility for
Medicare Billing and filing
for such, with copies to Louis
Capozzi Jr. and Craig Adler
Dec 3/2012 Lawyer: BGB 0.50 Hrs X 250.00
701715 Communicate with Dr. Salko on 125.00 68874
possible appeal of group
practice number revocation;
research on limits for same
prospectively and
retrospectively; communicate
with Dr. Salko on current
structural issues related to
not having two or more M.D.'s
involved in practice as
required by Medicare
definition of "group practice"
Dec 5/2012 Lawyer: BGB 1.00 Hrs X 250.00
706703 Communicate with Darla Lewis re 250.00 68874
physicians participating in
group and dates needed for
analysis of possible
overpayments to group and
response to Novitas Solutions
billing number termination
letter; communicate with Dr.
Salko re same and possible
appeals issues and next steps
to remediate issue
Dec 11/2012 Billing on Invoice 68347
704398 FEES 1741.00 0.00 68347
DISBS 4.•54
Jan 8/2013 Lawyer: BGB 2.00 Hrs X 275.00
709116 Draft reconsideration request; 550.00 69411
communicate with Dr. Greg and
Mrs. Donna Salko re current
information for Dr. David
Salko and his knowledge of the
situation; telephone call to
Mrs. Salko re same;
communicate wth Dr. Greg Salko
re same; analysis of emerging
conflict problem; research on
possible impacts on Dr. David
Salko and need for his to
report adverse action involved
Jan 9/2013 Lawyer: BGB 1.00 Hrs X 250.00
711821 Communicate with Dr. Greg Salko 250.00 69411
and Mrs. Donna Salko re
communication with Dr. David
Salko on matter; communicate
with Darla Lewis re contact
information for Bob Duplessis;
research on issues
Jan 10/2013 Lawyer: BGB 3.00 Hrs X 275.00
709121 Communicate with Dr. David 825.00 69411
Salko re dissolution of
entity; communicate with Louis
Capozzi Jr., Craig Adler, Paul
Van Fleet, and Andrew Eisemann
re same; communicate with Donna
Salko and Greg Salko re status
of this discussion with Dr.
David Salko on Novitas letter
and response issues; office
conference with Paul Van Fleet
re issues related to
dissolution; office conference
with Craig Adler re need for
direct contact with Dr. David
Salko on matters and
resolution of possible
conflict with Greg Salko;
communicate with Dr. David
Salko re situation with
Novitas and lack of Fee
Agreement; communicate with
Greg Salko re next steps and
relationship to his matter in
Aug/ 5/2014 Capozzi Adler, P.C.
• Client Ledger Page: 4
Date Received From/Paid To ALL DATES
Chq# (----- General -----I Bld (--- Trust Activity I
' Entry # Explanation -------�
Rec# Rcpts Disbs -__Fees Inv# Acc R is Diabs Balance
Federal Court; communicate ---
with Darla Lewis re contact
information for Bob Duplessis
Jan 10/2013 Lawyer: PVF 0.40 Hrs X 200.00
713227 Conference with Bruce Baron on 8
WCMG status 0.00 69911
Jan 11/2013 Lawyer: KF 0.10 Hrs X 90.00
712643 Receipt and review e-mail from
client forwarding documents 9.00 69411
Jan 11/2013 Lawyer: BGB 3.00 Hrs X 275.00
714999 Draft templates for Request for 825.00 69911
Reconsideration; communicate
with Dr's. David and Greg
Salko; voicemail to Dr. David
Salko re same and discussions
with Robert Duplessis;
communicate with Robert
Duplessis; telephone call from
Robert Duplessis re assistance
with responses to Novitas
letter with copy to Dr. David
Salko; telephone call from Dr.
Greg Salko re his discussions
about follow up with Dr. David
Salko and that they would be
obtaining other Counsel for
such; communicate with Craig
Adler re status; communicate
with Dr. Greg Salko on
additional facts, review of
Group brochure, amending
template for response to
Novitas, and need for
authorization from Group
Offices to continue, including
signed fee agreement and
retainer, with copies to Louis
Capozzi Jr. and Craig Adler
Jan 14/2013 Lawyer: BGB 0.30 Hrs X 275.00
708705 Communicate with Dr. David 82.50 69411
Salko on his decision not to
seek reconsideration by
Novitas; communicated with
Greg Salko re same
Jan 15/2013 Billing on Invoice 68874
708870 FEES 375.00 0.00 68874
Feb 13/2013 Billing on Invoice 69411
715588 FEES 2621.50 0.00 69911
I UNBILLED I I BILLED i l- BALANCES
TOTALS CHE + RECOV + FEES = TOTAL DISBS + FEES + TAX - RECEIPTS = A/R TRUST
PERIOD 0.00 0.00 0.00 0.00 4.54 6422.00 0.00 0.00 6426.59
0.00
END DATE 0.00 0.00 0.00 0.00 4.54 6422.00 0.00 0.00 6426.54 0.00
I UNBILLED I I BILLED I I- BALANCES
FIRM TOTAL CHE + RECOV + FEES = TOTAL DISBS + FEES + TAX - RECEIPTS = A/R TRUST
PERIOD 0.00 0.00 0.00 0.00 4.54 6422.00 0.00 0.00 6426.54 0.00
END DATE 0.00 0.00 0.00 0.00 4.54 6422.00 0.00 0.00 6426.59
0.00
REPORT SELECTIONS - Client Ledger ---
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Finished Tuesday, August 05, 2014 at 11:17:04 AM
Ver 13.0 SP2 (13.0.20140210)
Matters All
Clients 3213
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Select From Active, Inactive Matters
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Entries Shown - Billed Only No
Entries Shown - Disbursements Yes
Intries Shown - Receipts Yes
'ntries Shown - Time or Fees Yes
ntries Shown - Trust Yes
rncl. Matters with Retainer Bal No
Incl. Matters with Neg Unbld Disb No
crust Account All
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include Corrected Entries No
Aug/ 5/2014
Capozzi Adler, P.C.
Client Ledger Page: 5
DatpReceived From/Paid ToALL DATES
R
Entry # Explanation ec I----- General -----I ___ec# Repta Diabs Bld I -------- Trust Activity -----------
No I
Show Check N on Paid Payables Fees Inv# AAc:: Rcpts Disbs Balance
Show Client Address
Consolidate Pa No
Payments
Show Trust Summary by Account No
Show Interest No
Interest Up To No
Show Invoices that Payments were Applied to Aug/ 5/2014
Display Entries in No
Date Order
Capozzi Adler, P.C.
P. O. Box 5866
Harrisburg, PA 17110
Telephone: (717) 233-4101
Fax: 717-233-4103
Accounts Payable Department
Whites Crossing Medical Group As at Aug 5, 2014
37 Honsedale Road
Carbondale, PA 18407
REMINDER NOTICE
Bill Date Matter# Inv#
Billed. Int Due Paid
-Due Aging
Oct-24-12 632-12 67338
21.00 6.11 0.00
27'11 > 720 days
Nov-14-12
632-12 67825 1,088.50
305.44 0.00 1,393.94
> 120 days
Nov-14-12 632-12 67844
575.00 161.35 0.00
736.35 > 120 days
Dec-11-12 632-12 68347
1,745.54 466.56 0.00
2,212.10 ' > 120 days
Jan -15-13 632-12 68874
375.00 93.76 0.00
_ 468.76 > 120 days
Feb-13-13 632-12 69411
2,621.50 617.96 0.00
3,239.46 > ]20 days
Totals
$6,426.54 $1,651.18 $0.00
$8,077.72
Balance Due and Owing
Your account is past due. If you require copies of any of the invoices listed above,p$877.72
call our Billin
Your prompt attention to these past-due invoices would be greatly appreciated. if payment has alreadyb
disregard this notice. g Department.
been sent,please
Louis J.Capozzi,Jr.,Es uire* 1200 Cam Hill Bypass
Daniel K.Natirboff,Esquire CapozziAiAler, PCamp Hill,PA 17011
Donald R. Reavey,Esquire
Craig I.Adler, Esquire ��tt0rllq.,s`at L:CIW ^:'. f Mailing Address:P.O.Box 5866
Andrew R. Eisemann,Esquire Harrisburg,PA 17110
Bruce G.Baron,Esquire
Dawn L.Richards,Esquire ?, "1 1. 1 . 1; " - Telephone:(717)233-4101
Matthew A.Thomsen,Esquire** �1w ,M _ '„ — 'Jf. Facsimile:(717)233-4103
Brandon S.Williams,Esquire www.canozziadler.com
Marc A.Crum.Esquire
Timothy Ziegler,Sr.Reimb.Analyst i, �e _ 7: 1•
17' " , ,.
Erin E.Motter,Jr.Reimb.Analyst Mid-Penn Abstract Company� t ` 1° o-, •
Karen L.Fisher,Paralegal Charter Settlement Company
Keyoung J.Gill,Paralegal Telephone:(717)234-3289
Gwenn M.Keene,Paralegal Facsimile:(717)234-1670
*(Licensed in PA,NJ and MD) January 30' 2014
**(Licensed in PA and NJ)
David Salko
Donna M. Salko
Whites Crossing Medical Center
37 Honesdale Road
Carbondale_ PA 18407
Re: Account with Capozzi &Associates, P.C.
Amount Due: $10,000.00
Our Matter No.: 706-03
Dear Ms. Salko and Dr. Salko:
As you are aware, our law firm represented Whites Crossing Medical Center in Medicare
appeals to the U.S. District Court of Appeals. Please note that our fee arrangement was for a one-
time flat fee of$10,000.00.
Please make arrangements to pay the outstanding amount owed within 10 days from the date
of this letter,to Capozzi Adler, P.C., P. O. Box 5866, Harrisburg, PA 17110.
We expect that you will honor the terms of your Agreement with our law firm and remit
payment. This action is being taken because, despite previous requests for payment, you have
failed to remit payment for the legal services provided.
I trust that you will give this Notice your immediate attention.
Very truly yours,
are Crum
/kj g
THIS LETTER AND ANY FUTURE LETTERS FROM OUR FIRM ARE AN ATTEMPT TO COLLECT A DEBT,ANn ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT
C"
Esqu
Louis J.Capozzi,Jr.,Esquire
re* Capozzi_-Adler, P.C. 1 Ca Camp Hill Bypass
Daniel K.Natirboff;Es uire Camp Hill,PA 17011
Donald R. Reavey, Esquire
Craig I.Adler,Esquire** ji Atto7 h �s cit Dhv= :A Mailing Address: P.O.Box 5866
Andrew R. Eisemann.Esquire _M Harrisburg,PA 17110
Bruce G. Baron,Esquire �� -
Dawn L. Richards,Esquire s '' r' I �'%'
Matthew A.Thomsen,EsquireIt"� l` V � Telephone:(717)233-4101
Brandon S. Williams,Esquire `'fir: "` Facsimile: 717 233-4103
P. www.capozziadler.com
Marc A.Crum.Esquire rr,
Timothy Ziegler,Sr.Reimb.Analyst 1 `
Y ;l, d; 1
Erin E.Motter,Jr.Reimb.Analyst r Mid-Penn Abstract Company i ��. � t }
Karen L.Fisher,Paralegal '414;cT';'-0� t L Charter Settlement Company
Keyoung J.Gill,Paralegal Telephone:(717)234-3289
Gwenn M.Keene,Paralegal Facsimile:(717)234-1670
*(Licensed in PA,NJ and MD)
**(Licensed in PA and NJ) Match 25, 2014
David Salko
Donna M. Salko
Whites Crossing Medical Center
301 Canaan Street
Carbondale, PA 18407
Re: Account with Capozzi &Associates, P.C.
Amount Due: $10,000.00
Our Matter No.: 146-14
Dear Ms. Salko and Dr. Salko:
I am writing as a follow-up to my correspondence to you dated January 30, 2014, attempting
to arnicably settle this account. On February 11, 2014, you contacted me and advised that you
would look into the outstanding account balances and get back in touch with me. To date,
however, 1 have not received a response.
Contact me within the next 10 days to discuss payment of the account balance under a
payment arrangement. Otherwise, we will have no choice but to proceed with litigation.
This serves as my final communication with you before we initiate civil litigation for the full
amount owed, plus attorney fees and court costs.
Very truly yours,
Marc ru 'C�
/kJ g
THIS LETTER AND ANY FUTURE LETTERS FROM OUR FIRM ARE AN ATTEMPT TO COLLECT A DEBT,AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
From: Bruce Baron
To: Karen Fisher; Lou Caoozzi
Subject: Fw: check and your letter.
Date: Monday,January 14,2013 8:32:45 AM
Attachments: check and letter..odf
Please review
Bruce G. Baron, Esq.
Capozzi &Associates, P.C.
1200 Camp Hill Bypass
Camp Hill, PA 17011
Mailing Address: P.O. Box 5866
Harrisburg, PA 17110
(717) 233-4101
Fax (717) 233-4103
bruceb@capozziassociates.com
www.capozziassociates.com
----- Original Message -----
From: Gregory Salko [mailto•gjsalko(a)reflectionlife are com]
Sent: Monday, January 14, 2013 07:25 AM
To: Bruce Baron
Subject: check and your letter.
I have attached your great letter and the check for David for Whites
Crossing for retainer of $2500. . Please send out the letter. You
should have gotten direction from David since I spoke with him last
evening.
Best Regards,
Dr. Greg.
EXHIBIT
WHITES CROSSING MEDICAL GROUP,INC. 11818
11818
WHITES CROSSING MEDICAL GROUP,INC. THE DIME BANK
37 HONESDALE ROAD HONESDALE,PA.
® CARBONDALE,PA 18407 NUMBER
f PHONE:570.282.7545
60.855!313 s
PAY:
DATE / /� � � AMOUNT
'/'oTO THE
1
ORDER
OF
V• ti�
II•OLLaian' i:03L30EISS0: II' L0 111 4 6 9 0 111 811'
WHITES CROSSING MEDICAL GROUP,INC. 11818
S�UJ
@,q6FI3103 1 REORDER FROM YOUR LOCAL SAFEGUARD DRIBUTOR IF UNKNOWN.CALL 606571-2472 HTD471=10000 L
YY75Af�GUAAD. LST
Louis J. Capozzi.Jr., Esquire* Capozzi
Adler
P.C.
1200 Camp I-1iII Bypass
Daniel K. N'atirhoff.Esquire '
Donald R. Remev. Camp l till.{A 17(11 I
}.isquirc
Craig I.Adler, (:squire (� 'jtLlls a! Law .tlrtiling Address; P.Q.Box 5866
Andre+ !t.l:isemann. li�goirc Harrisburg.P:1 171 i0
13nlce G. Huron,!;squire
Dawn 1..Richards. Esquire Telephone:(717)233=1101
Nlatthe\\ A.Thomsen. Esquire*• Facsimile:(7)7)233--Ii03
Brandon S. Williams.Esquire uimilc:r3pozr)233-4103
Paul R. Van Flect,Esquire.
Marc_ ,Cnun. Fsquire
Timothy Ziegler.Sr. Relmh./\nalyst Nlid-Penn Abstract Company
Erin E.Nlotler.Jr. Reimh. Anal_�•sl Charter Settlement Company
Karen L. Fisher. Paralegal 'telephone:(717)234-3289
Kcyoum-J.Gill.Paralegal Facsimile:(71 i)234-1670
Gwcnn NI. Kccne. Paralegal
*(Licensed in PA. N1 and;MD)
`*(Licensed in PA and NJ)
lalltiar}' 11 2013
NOVIZ AS SOLUTIONS
IONS
Medicare Reconsideration Rcqucst
P.O. 13ox 890 326
Camp Hill. PA 17089-0326
RIS: R.I-QUI-S"I' l�-OR RI CONSII.)I IZA"PION
RETROACTIVE RI VOCATION OF MEDICARE FFAN 083577
\Vllites Crossing !Medical Group
37 Honesdale Road. Whites CrossinLI, Carbondale. PA 18407
Our Matter No. 632-12
Drlr Noviias Solutions:
Our f=irm represents Whites Crossin- iMcdical Group-, and. on behalfoi'Whites Crossing
Medical Group. .ye arc requcstim, reconsideration of your November 13. 2012 correspondence
(copy attached) because it appears based on the incorrect predicate that lar. Gregory .I. Salko, MD..
who was excluded from the iMedicure Program effective Mlle 20, 2011. was an owner. managing
elllployee, authorized or delegated official, medical director•, supervising physician or other health
care personnel Or Whites Crossim' Medical Grotlp on or after.lune 20, 2011. Whites Crossing
i edical Group believes Hint your predicate is incorrect ibl-the followini) reasons:
(1) Dr. Gregory I. Salko had and has no ownership interest in the Group from .lune 20. 2011
to the present (see attached stock certificate from 2002).
(2) Dr. Gregory.l. Salko had no office or position with the Group Ir0111 .lune 20. 2011 to the
present (sce attached enlergelley Board meeting minutes and letter of resignation).
(3) %VIlile Dr. Gregory .l. SalkO has Ills office in the sarilc building as the Group. he is not a
member or employee of the Group a11d receives no salary or contract payments from the
Group.
( 1) \\l]1ltt S CI'()SSillg is a small, medically underserved community. ill \yhich patients Illtlst
seek medical care front the Ie\\, practitioners left there (see attached materials on sante).
a
NOVITAS SOLUTIONS
Medicare Reconsideration Request
RE: REQUEST FOR RECONSIDERATION
RETROACTIVE REVOCATION OF MEDICARE PTAN 083577
Whites Crossing Medical Group
37 Honesdale Road, Carbondale, PA 18407
Our Matter No. 632-12
January 11, 2013
Page Two
Attached is a copy of a related response filed with the Pennsylvania Department of Public
Welfare, the State Medicaid Agency, by the former Chairman of the Board of Directors of the
Group, Robert Duplessis, who has since resigned.
The Group does not dispute that Dr. Gregory J. Salko continued to practice medicine as
permitted by his license to do so on and after June 20, 2011. The Group does not dispute that Dr.
Gregory J. Salko has had patients who have also been patients of the Group, including those seen on
the same dates noted in your November 13, 2012 transmittal. That would not be usual given his
former membership in the Group and his longstanding practice in Whites Crossing.
The Group disputes, based on the above-stated facts, that Dr. Gregory J. Salko,during any
period from June 20, 2011 to the present, was "other health care personnel of the Group as
determined in your November 13, 2012 transmittal. In addition, the exclusion of Dr. Gregory J.
Salko is currently under judicial review before the U.S. District Court for the Middle District of
Pennsylvania and awaiting decision at Case No. 3:12cv515 on cross motions for summary
judgment.
Please note that Whites Crossing Medical Group no longer has any practitioners enrolled in
an federal healthcare program, including the Medicare Program; and, is no longer functioning as a
practice group; and, therefore, the Group does not dispute end dating its Medicare Billing Privileges
prospectively.
Please let me know if you require any additional information or documents to process this
Request for Reconsideration.
Respectfully submitted,
Bruce G. Baron, Esquire
Attachments.
cc: Whites Crossing Medical Group
CAPOZZI ADLER, P.C, f/k/a
CAPOZZI & ASSOCIATES, P.C.,
A Pennsylvania Prosional Corporation,
Plaintiff
v.
WHITES CROSSING MEDICAL
GROUP, INC. f/k/a WHITES
CROSSING MEDICAL CENTER, INC.
d/b/a WHITES CROSSING MEDICAL
CENTER, and DAVID SALKO,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: Docket No.: 2014-04794
c-)
m
=rn
r -
Defendants : Civil Action - Law .<>
<47.)
WITHDRAWAL OF APPEARANCE
ENTRY OF APPEARANCE
TO THE CLERK OF SAID COURT:
matter.
Dated:
Dated:
rii
r
Kindly withdraw my appearance on behalf of Capozzi Adler, P.C. in the above -listed
Marc . Crum, Esquire
Atto ey I.D. No.: 91273
Capozzi Adler, P.C.
P. O. Box 5866
Harrisburg, PA 17110
(717) 233-4101
Kindly enter my appearance on behalf of Capozzi Adler, P.C. in the above -listed matter.
q'z-Vt
Matthew A. Thomsen, Esquire
Attorney I.D. No.: 307388
Capozzi Adler, P.C.
P. O. Box 5866
Harrisburg, PA 17110
(717) 233-4101
Attorney for Plaintiff
CAPOZZI ADLER, P.C. f/k/a
CAPOZZI & ASSOCIATES, P.C.,
A Pennsylvania Professional Corporation,
Plaintiff
v.
WHITES CROSSING MEDICAL
GROUP, INC. f/k/a WHITES
CROSSING MEDICAL CENTER, INC.
d/b/a WHITES CROSSING MEDICAL
CENTER, and DAVID SALKO,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: Docket No.: 2014-04794
_1
Defendants : Civil Action - Law
PRAECIPE TO ENTER RETURN OF SERVICE
TO THE PROTHONOTARY/CLERK OF SAID COURT:
Kindly enter as a matter of record the attached Affidavit of Service forms as proof of
personal service of the above -referenced Complaint upon the Defendants.
A competent adult served the Complaint upon Defendants in accordance with Pa.R.C.P.
No. 402(a) on August 28, 2014.
Matthew A. Thomsen, Esquire
Attorney I.D. No.: 307388
Capozzi Adler, P.C.
P. O. Box 5866
Harrisburg, PA 17110
(717) 233-4101
Attorney for Plaintiff
*1
CAFOQI]AOLBRPTC.-Fm1ACAPOZZ|&ASSOCIATES, P.C,A
PENNSYLVANIA PROFESSIONAL CORPORATION
Plaintiff
VS
WHFrES CROSSING MEDICAL GROUP, INC. F/K/A WHITES CROSSING
MEDICAL CENTER, INC. D/B/A WHITES CROSSING MEDICAL CENTER, ET
AL
Defendant
Person to be served (Name and Address):
DAVID SALKO, INDIVIDUALLY
50 MOODY ROAD
BRUNSWICK ME 04011
By serving: DAV1D SALKO, INDIVIDUALLY
Attorney: MARC A. CRUM, ESQ.
Papers Served: NOTICE TO DEFEND, COMPLAINT, VERIFICATION,
EXHIBITS
Service Data:
Xerved Successfully [ 1 Not Served
r-
� �-
�
~�~.
.~�^°V«-, '[viDelivered a copy to him/her personally
[ ]Lefto copy with a competenthousehold member over 14 years of age
residing thereiri (indicate name & relationship at right)
[
Left a copy with a person authorized to accept service, e.g. managing agent,
registered agent, etc. (indicate name & official title at right)
Description 01 Person Accepting Service:
NY�N/�|0�|NyN�/0VYU��
���������� �����������
2014082210471
Oornitwile I -ear Court Of
CAA. rn be,
Docket Number: 14 4794
AFFIDAVIT OF SERVICE
(For Use by Private Service)
Cast of Servicepursuant to R. 4:4-3(c)
�
Name of Person Served and relationship/title:
Unserved:
[
1 Defendant is unknown at the addressfurnished by the attorney
[ All reasonable inquiries suggest
AII reasonable inquiries suggest defendant moved to an undetermined address
[ No such street in municipaUty
[
Defendant is evading service
[
Appears vacant
[ No response on: DatefTime:
oomfTimo:
Date/Time:
Other:
Served Data:
Subscribed and Sworn to me this
Notary Signature:
Sas, 0,_\l°o
Name of Notary
Commission Expiration
Name of Private Server:
\6.
Aftess: 2009 Morfis Avenue UNION, NJ 0708 Phone: (800) 672-1952
pe
OTHER:
1, 44 ei F.4 .
was at the time of ervice a competent adult, over the age of
18 and not having direcinterest in the litigation. declare
under penalty of perjury that he foregoing is true and
correct.
/
��/�0/�
Signe re of Proc ServerDate
s
CAPO,ZZI AILER P.C. F/K/A CAPOZZI & ASSOCIATES, P.C., A
PENNSYLVANIA PROFESSIONAL CORPORATION
Plaintiff
vs
WHITES CROSSING MEDICAL GROUP, INC. F/K/A WHITES CROSSING
MEDICAL CENTER, INC. D/B/A WHITES CROSSING MEDICAL CENTER, ET
AL
Defendant
Person to be served (Name and Address):
DAVID SALKO, ON BEHALF OF WHITE'S CROSSING MEDICAL CENTER,
INC. D/B/A WHITE'S CROSSING MEDICAL CENTER
50 MOODY ROAD
BRUNSWICK ME 04011
By serving: DAVID SALKO, ON BEHALF OF WHITE'S CROSSING MEDICAL
CENTER, INC. D/B/A WHITE'S CROSSING MEDICAL CENTER
Attorney: MARC A. CRUM, ESQ.
Papers Served: NOTICE TO DEFEND, COMPLAINT, VERIFICATION,
EXHIBITS
Service Data: [v(Served Successfully [ ] Not Served
Date/Time: F- 2 fr — / 4 /17.0
[/Delivered a copy to him/her personally
[ ] Left a copy with a competent household member over 14 years of age
residing therein (indicate name & relationship at right)
[ ] Left a copy with a person authorized to accept service; e.g. managing agent,
registered agent, etc. (indicate name & official title at right)
Description of Person Accepting Service:
SEX: % AGE: 40 HEIGHT: ,�/2U WEIGHT:
/7,5
111 11111 11 111218121 111 1 1111111 1 111
20182211382fi
Corvwwr P ka Court Of
CUUY\twiotrvi
lkn� Q,
Venue
Docket Number: 14 4794
AFFIDAVIT OF SERVICE
(For Use by Private Service)
Cost of Service pursuant to R. 4:4-3(c)
Name of Person Served and relationship/title:
ff-urS
cir
SKIN: /4) HAIR: f>,( OTHER:
Unserved:
[ ] Defendant is unknown at the address furnished by the attorney
[ ] All reasonable inquiries suggest defendant moved to an undetermined address
[ ] No such street in municipality
[ ] Defendant is evading service
[ ]Appears vacant
[ ] No response on:
Other:
Served Data:
Subscribed and Sworn to me this
ackv\-. day of 3-)0,-,s1
Date/Time:
Date/Time:
Date/Time:
, 20
Notary Signature: C 3.. o. 5 l—.
50- -c-c4 1.1-10 ego\ Q( t �—
Name of Notary Com issi n Expiration
Name of Private Server:
was at the time df service a competent adult, over the age of
18 and not having direct interest in the litigation. I declare
under penalty of perjury that th foregoing is true and
correct.
/21//2014
Signa re of roc Server Date
/"1 g rk, (Ay kL Address: 2009 Morris Avenue UNION, NJ 07083
Phone: (800)672-1952
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
9TH JUDICIAL DISTRICT
CAPOZZI ADLER, PC f/k/a
CAPOZZI & ASSOCIATES, PC
A Pennsylvania Professional Corporation
Plaintiff
vs.
No. 14 -4794 -Civil
WHITES CROSSING MEDICAL GROUP, :
INC. f/k/a WHITES CROSSING MEDICAL:
CENTER, INC. d/b/a WHITES CROSSING :
MEDICAL CENTER, and DAVID SALKO :
Defendants
C)
DEFENDANTS' ANSWER AND NEW MATTER
AND NOW COMES, the Defendants, by and through their attorney, Joseph R. Rydzewski,
Esquire, of Spall, Rydzewski, Anderson, Lalley & Tunis, PC. and answers as follows:
1. Admitted, but formerly known as Capozzi and Associates, PC.
2. Denied as stated since Plaintiff only negotiated, contracted, and was hired by Dr. Greg
Salko (hereafter "Doctor"), now deceased, on behalf of Defendant, Whites Crossing
Medical Center (hereafter "Whites") as officer/representative and not by David Salko,
(hereafter "Son") as set forth in Exhibit A of the Complaint.
3. Admitted.
4. Admitted, and with its predecessor, Capozzi and Associates, are bound by the Pennsylvania
Rules of Professional Conduct, then in force as promulgated by said Supreme Court.
5. Admitted as supplemented in response to Paragraph 3.
6. Admitted, but only to and for Whites as set forth in New Matter.
7. Admitted.
1
8. Admitted, but no amendment or supplement took place to include or bind the Son.
9. Admitted.
10. Admitted, but only until Plaintiff ceased services as set forth hereafter.
11. Admitted, but "you" only refers to Whites.
12. Admitted, but only for Whites.
13. Admitted, but that occurred because Plaintiff failed to follow the requirements of the Rules
of Professional Conduct or mis-billed as set forth hereafter in New Matter.
14. Denied, only Doctor Greg Salko, now deceased, requested any services for Whites, and
further said services terminated with his death.
15. Denied since said account invoices/ledgers are incorrect, invalid, or not as agreed, as set
forth hereafter in New Matter.
16. Denied since said account invoices/ledgers are incorrect, invalid, or not as agreed, as set
forth hereafter in New Matter.
COUNT
17. Defendants incorporate prior answers in response thereto as if more fully set forth at length.
18. Admitted, but only for what was validly owed as set forth hereafter in New Matter.
19. Denied since certain work and/or employees were non -billable services.
20. Denied for reasons set forth in New Matter.
21. Denied for reasons set forth in New Matter.
22. Denied for reasons set forth in New Matter.
23. Denied for reasons set forth in New Matter.
24. Denied for reasons set forth in New Matter.
25. Denied for reasons set forth in New Matter.
2
26. Denied for reasons set forth in New Matter.
27. Denied that the amount claimed is in default as set forth in New Matter.
WHEREFORE, Defendant, Whites, demands Count I be dismissed.
COUNT II
28. Defendants incorporate prior answers in response thereto as if more fully set forth at length.
29. Admitted, but this does not make the Son personally liable since he was only acting for the
corporation owner.
30. Denied, since the action and payment was only for Whites, pursuant to Exhibit A, and any
further disclosures or waivers were not secured as set forth hereafter.
31. Denied, since the action and payment was only for Whites, pursuant to Exhibit A, and any
further disclosures or waivers were not secured as set forth hereafter.
32. Denied. It could not rely, but needed an agreement, as set forth above and hereafter in New
Matter.
33. Denied. No implied contract can exist under the Rules of Professional Conduct or under
the subject fee agreement (Plaintiffs Exhibit A) as set forth herein.
34. Denied. No implied contract can exist under the Rules of Professional Conduct or under
the subject fee agreement (Plaintiff's Exhibit A) as set forth herein.
35. Denied. No implied contract can exist under the Rules of Professional Conduct or under
the subject fee agreement as set forth herein, and payment was not required.
36. Denied. No implied contract can exist under the Rules of Professional Conduct or under
the subject fee agreement as set forth herein, and payment was not required.
37. Denied. No implied contract can exist under the Rules of Professional Conduct or under
the subject fee agreement as set forth herein, and payment was not required.
3
WHEREFORE, Defendants request that Count II should be dismissed.
COUNT III
38. Defendants incorporate prior answers in response thereto as if more fully set forth at length.
39. Denied. No services were agreed to be performed for a fee for the son, but only for Whites.
40. Denied, and since there is not a fee agreement or agreement to represent the Son for a fee
individually, but rather, corporately, Whites is only liable if at all.
41. Denied, in that a fee agreement or agreement to represent the Son for a fee individually
was not made and only Whites benefitted.
42. Admitted.
43. Admitted.
WHEREFORE, Defendants request that Count III be dismissed.
COUNT IV
44. Defendants incorporate prior answers in response thereto as if more fully set forth at length.
45. Admitted.
46. Denied as recognized by Plaintiffs' own filings and facts. If Plaintiff considered or alleged
both are the same, it violated the Rules of Professional Conduct as set forth hereafter.
47. Denied as recognized by Plaintiffs' own filings and facts. If Plaintiff considered or alleged
both are the same, it violated the Rules of Professional Conduct as set forth hereafter.
48. Denied as recognized by Plaintiffs' own filings and facts. If Plaintiff considered or alleged
both are the same, it violated the Rules of Professional Conduct as set forth hereafter.
49. Denied as recognized by Plaintiffs' own filings and facts. If Plaintiff considered or alleged
both are the same; it violated the Rules of Professional Conduct as set forth hereafter.
4
50. Denied as recognized by Plaintiffs' own filings and facts. If Plaintiff considered or alleged
both are the same, it violated the Rules of Professional Conduct as set forth hereafter.
51. Denied as recognized by Plaintiffs' own filings and facts. If Plaintiff considered or alleged
both are the same, it violated the Rules of Professional Conduct as set forth hereafter.
52. Denied as recognized by Plaintiffs' own filings and facts. If Plaintiff considered or alleged
both are the same, it violated the Rules of Professional Conduct as set forth hereafter.
53.. Denied as recognized by Plaintiffs' own filings and facts. If Plaintiff considered or alleged
both are the same, it violated the Rules of Professional Conduct as set forth hereafter.
54. Denied as recognized by Plaintiffs' own filings and facts. If Plaintiff considered or alleged
both are the same, it violated the Rules of Professional Conduct as set forth hereafter.
55. Denied as recognized by Plaintiffs' own filings and facts. If Plaintiff considered or alleged
both are the same, it violated the Rules of Professional Conduct as set forth hereafter.
Further, if allegedly fraudulent, Plaintiff participated in or failed to prevent same contrary
to Rules of Professional Conduct as set forth hereafter.
56. Denied as recognized by Plaintiffs' own filings and facts. If Plaintiff considered or alleged
both are the same, it violated the Rules of Professional Conduct as set forth hereafter.
Further, if allegedly fraudulent, Plaintiff participated in or failed to prevent same contrary
to Rules of Professional Conduct as set forth hereafter.
57. Denied as recognized by Plaintiffs' own filings and facts. If Plaintiff considered or alleged
both are the same, it violated the Rules of Professional Conduct as set forth hereafter.
Further, Plaintiffs hands are therefore not clean.
58. Denied. Plaintiff was and is required to do its own investigation and determinations and
cannot solely rely on any alleged representations of the Son.
5
59. Denied. No services were agreed to be performed for a fee for the Son, but only for Whites.
WHEREFORE, Defendants request that Count IV be dismissed.
NEW MATTER
60. Plaintiff fails to set forth a cause of action under which relief can be granted including
Counts II, III and IV.
61. Plaintiff's withdrew from representation of Defendants and Defendants were then charged
for work done after termination.
62. Many of the charges were unreasonable, unnecessary or not as agreed, including for
secretaries services, inter-office conferences, and administrative costs.
63. The suit is a violation of rules of Professional Conduct since a written fee agreement,
necessary, or arrangements that the Son would be liable was not done as required.
64. The representation as billed for should have been limited to corporation/liability work only,
and was in violation of Rules of Professional Conduct 1.2.
65. Plaintiff failed to disclose potential conflicts of interest with regard to the individual
Defendant Son as required by Rules of Professional Conduct 1.7, 1.8 or Rule 4.3 (b) and
(c).
66. The individual Defendant Son cannot be liable since the individual Defendant Son was
acting only as an authorized constituent pursuant to Rule of Professional Conduct 1.13(a).
67. The Plaintiff failed to disclose and secure consent for alleged dual representation as
required by rule of Professional Conduct 1.13(c).
68. With regard to Count IV, said alleged conduct should not have included legal work
performed for the same by Plaintiff as set forth in rules of Professional Conduct 8.4(c) and
1.16(a).
6
WHEREFORE, the Complaint should be dismissed.
SPALL, RYDZEWSKI, ANDERSON, LALLEY & TUNIS, PC
BY:
JOS EWSKI, ESQUIRE
Atto nev fort e Defendants
ID
25 Ro 6
Haw -y, PA 18428
(570) 226-6229
7
VERIFICATION
I, JOSEPH R. RYDZEWSKI, ESQUIRE, hereby depose and say that I am the attorney
for the Plaintiff in the above captioned action, who is unavailable for signature, and the facts
contained in the foregoing ANSWER are secured from files and records as available, and on
behalf of the Plaintiff, are correct to the best of my knowledge, information and belief.
Date:
SKI, ESQUIRE
CAPOZZI ADLER, P.C. f/k/a
CAPOZZI & ASSOCIATES, P.C.,
A Pennsylvania Professional Corporation,
Plaintiff
v.
WHITES CROSSING MEDICAL
GROUP, INC. f/k/a WHITES
CROSSING MEDICAL CENTER, INC.
d/b/a WHITES CROSSING MEDICAL
CENTER, and DAVID SALKO,
rt.L
c_ rC j HO O i,'tik
20 Li NU 19 PM:4:24
CUMBERLAND COUNTY
PENNSYLVANIA
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: Docket No.: 2014-04794
Defendants : Civil Action - Law
PLAINTIFF'S RESPONSE TO NEW MATTER
NOW COMES Plaintiff, Capozzi Adler, P.C., by its attorneys, and hereby answers
Defendants' New Matter as follows:
60. Denied. Counts II, III, and IV each state valid bases for recovery from Defendants and
aver sufficient facts to support those bases.
61. Denied. All work conducted by Plaintiffs for Defendant was appropriate.
62. Denied. All charges made by Plaintiff to Defendants are reasonable and in keeping with
agreements made between Plaintiff and Defendants.
63. This paragraph is a conclusion of law to which no response is required. Insofar as a
response is deemed necessary, this paragraph is denied. No Rule of Professional Conduct
has been violated by Plaintiff.
64. This paragraph is a conclusion of law to which no response is required. Insofar as a
response is deemed necessary, this paragraph is denied. No Rule of Professional Conduct
has been violated by Plaintiff.
65. Denied. Plaintiff met all obligations required by the Rules of Professional Conduct.
66. This paragraph is a conclusion of law to which no response is required. Insofar as a
response is deemed necessary, this paragraph is denied. Defendants are appropriate
parties in the above captioned action.
67. Denied. Plaintiff met all obligations required by the Rules of Professional Conduct.
68. This paragraph is a conclusion of law to which no response is required. Insofar as a
response is deemed necessary, this paragraph is denied. No Rule of Professional Conduct
has been violated by Plaintiff.
Date: )1 1 et/11-1
Respectfully submitted,
CAPOZZI ADLER, P.C.
2
Matthew A. Thomsen, Esquire
Attorney I.D. No.: 307388
P. 0. Box 5866
Harrisburg, PA 17110
(717) 233-4101
Fax: (717) 233-4103
Attorneys for Plaintiff
CAPOZZI ADLER, P.C. f/k/a
CAPOZZI & ASSOCIATES, P.C.,
A Pennsylvania Professional Corporation,
Plaintiff
v.
WHITES CROSSING MEDICAL
GROUP, INC. f/k/a WHITES
CROSSING MEDICAL CENTER, INC.
d/b/a WHITES CROSSING MEDICAL
CENTER, and DAVID SALKO,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: Docket No.: 2014-04794
Defendants : Civil Action - Law
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was served on the following by
causing the same to be placed in the United States mail, first class, postage prepaid, addressed as
follows:
Dated:
Joseph R. Rydzewskil, Esquire
Spall, Rydzewski, Anderson, Lalley & Tunis, P.C.
2573 Route 6
Hawley, PA 18428
3
Matthew A. Thomsen, Esquire
Attorney I.D. No.: 307388
CAPOZZI ADLER, P.C.
P. O. Box 5866
Harrisburg, PA 17110
(717) 233-4101
Attorney for Defendant